Legal Question in Family Law in Montana

declaring a child delinquent or youth in need of supervision

My step daughter is completely out of control. She violates every conditions my husband and I set for her. She smokes pot, cigerettes steals and has broke into a residence. Her mother will not enforce terms of probation with her either. can we declare her a delinquent and get her some residential help.


Asked on 5/06/08, 1:23 pm

1 Answer from Attorneys

Carolyn J. Stevens CJ Stevens|Law

Re: declaring a child delinquent or youth in need of supervision

You can declare her "an incorrigible youth," and the Court will step in. The upside is that she can't ignore the Court. When she misbehaves and the Court says, "go to your room," the Court will provide the room. The downside is her anger toward you is likely to be beyond your wildest imagination. The upside is that the Court can force her to do certain things that you don't have the power to enforce. She's already on thin ice for breaking her probation.

A less draconian alternative is to begin family counseling immediately. You might have to shop until you find a counselor with whom your daughter is willing to work, or at least willing to not rebel against. We don't behave the way she's behaving unless we have a reason. A counselor experienced in counseling families of teens will have better success than the Court (it's not the Court's job, after all) in determining the reasons behind her behavior.

Offer her a choice: voluntary participation in counseling or taking her chances with youth court.

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Answered on 5/06/08, 9:16 pm


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